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DUVAL v. HUMPHREY

No. 231.

83 F.Supp. 457 (1949)

DUVAL v. HUMPHREY, Warden.

United States District Court M. D. Pennsylvania.

April 13, 1949.

Attorney(s) appearing for the Case

William L. Showers, of Lewisburg, Pa., and Oscar W. B. Reed, of Washington, D. C., for petitioner.

Arthur A. Maguire, U. S. Atty., of Scranton, Pa., Charles W. Kalp, Asst. U. S. Atty., of Lewisburg, Pa., and Lt. Col. Nicholas R. Voorhis and Lt. Col. Donald P. MacArthur, Office of Judge Advocate General, both of Washington, D. C., for respondent.

FOLLMER, District Judge.

Petitioner, tried jointly with one "Fuller", was convicted by a General Court-Martial on a charge of rape. In this habeas corpus proceeding he has by his petition, and first and second amendments to the petition,1 sought to raise nearly every conceivable issue which has been before the courts in this type of case, as well as new ones suggested thereby. Most serious was the somewhat startling allegation that Major...

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